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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35076
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I'm going through a separation, the house we live in is

Customer Question

Hi , I'm going through a separation , the house we live in is mortgaged just in my ex partners name we did this as I have bad credit , when we bought the house I put £9000 pound into and have contributed to bills and mortgagefor the last 4 yrs . The house is up for sale and my ex partner says he will transfer to me my half but if he ever decides not to, do I have any legal right to that money if my name is ***** ***** the mortgage .
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Did you protect your investment with a Declaration of Trust?

Customer: replied 1 year ago.
No I didn't
Customer: replied 1 year ago.
Will this cost me another £44 as well as the £31
Expert:  Clare replied 1 year ago.

Sorry - if you mean the telephone pop up yes it does - and you should ignore it

Customer: replied 1 year ago.
I've done it now will be easier
Customer: replied 1 year ago.
Okay can I do anything if he doesn't give me my money
Expert:  Clare replied 1 year ago.

Do you have any evidence of the £9,000 deposit

Customer: replied 1 year ago.
I paid it from my account so would be able to provide bank statements
Expert:  Clare replied 1 year ago.

How much is the house worth and how much is outstanding on the mortgage?

Customer: replied 1 year ago.
The house is,worth 160000 and we owe 108000
Expert:  Clare replied 1 year ago.

is he likely to agree to sign something to protect you now

Customer: replied 1 year ago.
Not sure on that
Customer: replied 1 year ago.
Is there something he can sign
Customer: replied 1 year ago.
That wasn't very clear is there legal document he can sign , thinking about it I think he would
Expert:  Clare replied 1 year ago.

Given that you paid the deposit and that it is clear that he has always accepted that the property was "joint" you have a clear financial claim on the proceeds of sale and could enforce that using the Trusts of Land and Appointment of Trustees Act.

In order to protect that you could potentially register a restriction at the Land Registry OR you could ask your ex to simply sign a straightforward written agreement confirming that he will pay you half of the proceeds of sale.

It does not need to be a complex document - a simple straightforward letter would do - and if he then did not pay you you could use that as evidence of the agreement.

I hope that this is of assistance - please ask if you need further details

Customer: replied 1 year ago.
That's perfect Thank you for your time Clare
Expert:  Clare replied 1 year ago.

You are most welcome - I hope all goes well